DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR'S OFFICE  
RESPIRATORY CARE - GENERAL RULES  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by sections 16148, 16174, and 18709 of the public health code, 1978 PA 368,  
MCL 333.16148, 333.16174, and 333.18709, and Executive Reorganization Order Nos.  
1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)  
PART 1. GENERAL PROVISIONS  
R 338.2201 Definitions.  
Rule 2201. As used in these rules:  
(a) "Board" means the board of respiratory care  
(b) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.  
(c) "Department" means the department of licensing and regulatory affairs.  
(d) "Endorsement" means the acknowledgement that the licensing criteria in 1  
jurisdiction is substantially equivalent to the criteria established and described in section  
16186 of the code, MCL 333.16186.  
History: 2006 AACS; 2019 AACS.  
R 338.2201a Training standards for identifying victims of human trafficking;  
requirements.  
Rule 2201a. (1) Pursuant to section 16148 of the code, MCL 333.16148, an individual  
licensed or seeking licensure shall complete training in identifying victims of human  
trafficking that meets the following standards:  
(a) Training content shall cover all of the following:  
(i) Understanding the types and venues of human trafficking in Michigan or the  
United States.  
(ii) Identifying victims of human trafficking in health care settings.  
(iii) Identifying the warning signs of human trafficking in health care settings for  
adults and minors.  
(iv) Resources for reporting the suspected victims of human trafficking.  
(b) Acceptable providers or methods of training include any of the following:  
(i) Training offered by a nationally recognized or state-recognized, health-related  
organization.  
(ii) Training offered by, or in conjunction with, a state or federal agency.  
(iii) Training obtained in an educational program that has been approved by the  
department in consultation with the board for initial licensure, or by a college or  
university.  
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(iv) Reading an article related to the identification of victims of human trafficking  
that meets the requirements of subdivision (1)(a) of this subrule and is published in a peer  
review journal, health care journal, or professional or scientific journal.  
(c) Acceptable modalities of training may include any of the following:  
(i) Teleconference or webinar.  
(ii) Online presentation.  
(iii) Live presentation.  
(iv) Printed or electronic media.  
(2) The department may select and audit a sample of individuals and request  
documentation of proof of completion of training. If audited by the department, an  
individual shall provide an acceptable proof of completion of training, including either of  
the following:  
(a) Proof of completion certificate issued by the training provider that includes the  
date, provider name, name of training, and individual’s name.  
(b) A self-certification statement by an individual. The certification statement shall  
include the individual’s name and either of the following:  
(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date,  
training provider name, and name of training.  
(ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of  
article, author, publication name of peer review journal, health care journal, or  
professional or scientific journal, and date, volume, and issue of publication, as  
applicable.  
(3) Pursuant to section 16148 of the code, MCL 333.16148, the requirements specified  
in subrule (1) of this rule shall apply to license renewals beginning December 2018 and  
for initial licenses issued after March 16, 2021.  
History: 2016 AACS; 2019 AACS.  
PART 2. LICENSURE  
R 338.2202 Application for respiratory therapist license; requirements.  
Rule 2202. An applicant for a respiratory therapist license, in addition to meeting the  
requirements of the code and the administrative rules promulgated under the code, shall  
comply with all of the following:  
(a) Submit a completed application on a form provided by the department, together  
with the requisite fee.  
(b) Have successfully completed a respiratory therapist educational program that  
satisfies the requirements of R 338.2206.  
(c) Have earned at least a 2-year associate's degree from an accredited college or  
university that satisfies the requirements of R 338.2206.  
(d) Have earned a credential for respiratory therapists conferred by the National Board  
of Respiratory Care (NBRC) or by its predecessor organization.  
History: 2006 AACS; 2019 AACS.  
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R 338.2202a. Applicant trained outside the United States; education evaluated.  
Rule 2202a. Pursuant to section 16174(1)(c) of the code, MCL 333.16174(1)(c) , an  
applicant who was trained outside the United States or Canada shall have his or her  
education evaluated by an organization accredited by the National Association of  
Credential Evaluation Services (NACES) to determine if the applicant satisfies the  
requirements of R 338.2202.  
History: 2019 AACS.  
R 338.2202b. Working knowledge of English language; demonstrate.  
Rule 2202b. Pursuant to section 16174(1)(d) of the code, MCL 333.16174(1)(d), except  
as otherwise provided by the code or by another rule, an applicant shall demonstrate a  
working knowledge of the English language if the applicant's educational or training  
program was taught outside the United States. To demonstrate a working knowledge of  
the English language, the applicant shall establish that he or she obtained a total score of  
not less than 80 on the Test of English as a Foreign Language internet-based test  
(TOEFL-IBT) administered by the Educational Testing Service.  
History: 2019 AACS.  
R 338.2203 Rescinded.  
History: 2006 AACS; 2019 AACS.  
R 338.2204 Rescinded.  
History: 2006 AACS; 2019 AACS.  
R 338.2205 Licensure by endorsement; respiratory therapist.  
Rule 2205. (1) An applicant for a respiratory therapist license by endorsement, in  
addition to meeting the requirements of the code and the administrative rules  
promulgated under the code, shall comply with all of the following:  
(a) Submit a completed application on a form provided by the department, together  
with the requisite fee.  
(b) Provide verification of his or her license or registration by the licensing agency of  
any state of the United States and any province of Canada in which the applicant has ever  
held a license or registration to practice respiratory care. Verification includes submitting  
documentation of each disciplinary action initiated against the applicant.  
(2) If the applicant has been licensed for less than 5 years immediately preceding the  
date of the application, he or she shall comply with all of the following:  
(a) Submit educational information that satisfies the requirements of R 338.2202.  
(b) Submit NBRC examination and certification information that satisfies the  
requirements of R 338.2202.  
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(c) Be of good moral character.  
History: 2006 AACS; 2019 AACS.  
PART 3. EDUCATION  
R 338.2206 Accreditation standards; adoption by reference.  
Rule 2206. (1) The department in consultation with the board approves, and adopts  
by reference, the following standards for accrediting respiratory therapist educational  
programs from the Commission on Accreditation for Respiratory Care (CoARC).  
Copies of these standards may be obtained at cost from CoARC, 1248 Harwood Rd.,  
Bedford, Texas 76021-4244, or at no cost from the CoARC website, www.coarc.com.  
Copies may be obtained at cost from the Michigan Board of Respiratory Care, Bureau of  
Professional Licensing, Department of Licensing and Regulatory Affairs, 611 West  
Ottawa, P.O. Box 30670, Lansing, MI 48909. A Any respiratory therapist educational  
program that is accredited by CoARC is a respiratory therapist educational program  
approved by department in consultation with the board.  
(a) “Accreditation Policies and Procedures Manual,” January 1, 2018.  
(b) Accreditation Standards for Entry into Respiratory Care Professional Practice,”  
effective June 1, 2015 and revised November 12, 2016.  
(c) “Accreditation Standards for Degree Advancement Programs in Respiratory Care,”  
effective January 1, 2018.  
(2) The department in consultation with the board adopts by reference the procedures  
and criteria for recognizing accrediting organizations of the Council of Higher Education  
Accreditation (CHEA), effective June 28, 2010, and the procedures and criteria for  
recognizing accrediting agencies of the United States Department of Education, effective  
July 1, 2010, as contained in 34 CFR part 602. The CHEA recognition standards may be  
obtained from CHEA, One Dupont Circle NW, Suite 510, Washington, DC 20036-1110,  
or from the council’s website at www.chea.org at no cost. The federal recognition criteria  
may be obtained at no cost from the United States Department of Education’s website at:  
www.ed.gov. Copies of the standards and criteria recognizing accrediting agencies used  
by CHEA and the Department of Education are available for inspection and distribution  
at cost from the Board of Respiratory Care, Bureau of Professional Licensing,  
Department of Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670,  
Lansing, MI 48909.  
History: 2006 AACS; 2019 AACS.  
PART 4. RELICENSURE  
R 338.2207 Relicensure.  
Rule 2207. An applicant for relicensure whose license has lapsed, under section  
16201(3) or (4) of the code, MCL 333.16201(3) or (4), as applicable, may be relicensed  
by complying with the following requirements as noted by ():  
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(1) For an applicant who has let his or her  
Lapsed  
3Lapsed more  
orthan 3 Years  
license lapse and who does not hold a current andYears  
valid respiratory care license, registration, orless  
certification in another state of the United States or  
province of Canada:  
(a) Application and fee: Submit a completed  
application on a form provided by the  
department, together with the requisite  
fee.  
(b) Establish that the applicant is of good  
moral character.  
(c) Submit fingerprints as set forth in section  
16174(3) of the code, MCL 333.16174(3).  
(d) Provide to the department documentation  
that the applicant passed the NBRC  
certification examination within the 2  
years immediately preceding the  
application for relicensure.  
(e) If applicable, proof of respiratory care  
license, registration, or certification  
previously held: An applicant’s  
respiratory care license, registration, or  
certification must be verified by the  
licensing agency of any state of the United  
States or province of Canada in which  
the applicant ever held a respiratory care  
license, registration, or certification.  
Verification must include the record of any  
disciplinary action taken or pending  
against the applicant.  
(2) For an applicant who has let his or her  
license lapse and holds a current  
and valid respiratory care license, registration,  
or certificate within another state of the  
United States or province of Canada:  
(a) Application and fee: Submit a completed  
application on a form provided by the  
department, together with the requisite fee.  
(b) Establish that the applicant is of good  
moral character.  
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(c) Submit fingerprints as set forth in section  
16174(3) of the code, MCL 333.16174(3).  
(d) Proof of current and valid respiratory  
care license, registration, or certification:  
An applicant’s respiratory care license,  
registration, or certification must be  
verified by the licensing agency of any state  
of the United States or province of  
Canada in which the applicant holds or has  
ever held a respiratory care license,  
registration, or certification. Verification  
must include the record of any disciplinary  
action taken or pending against the  
applicant.  
History: 2006 AACS; 2019 AACS.  
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